Scone Court Report: November 2018

IN Scone court this month some matters were unable to be heard due to basic audio visual equipment were not working and therefore evidence was unable to be presented to the court. As has previously been the case, those matter have had to be transferred to a regional court such as Tamworth or Newcastle.

Magistrate Soars also heard several licence matters where drivers were seeking disqualification conditions from the court. On giving variations to those parties it was stressed that a driver’s licence is a privilege, not a right and to treat their licence as such.

When scone.com.au began court reporting in Scone the former Magistrate and local police requested we not report on the details of apprehended violence orders where the victim may be identified, in an effort to encourage victims to proceed to court. We do still however report on associated charges such as common assault and stalk/intimidate intend fear etc.

It was disappointing to again sit in the court on White Ribbon Day and continue to witness the consistent flow of domestic violence cases before the court, cutting across all levels of our community.

The matters before Scone Court this month included:

BOWD, Kasey Robert, a 31 year old from Aberdeen appeared in court and pled guilty to a charge of drive with high range prescribed concentration of alcohol – first offence. The offence occurred at approximately 12:20am on November 11 in Scone when Mr Bowd returned a reading of 0.154. Mr Bowd came to the attention of police who heard a motor vehicle revving loudly in the vicinity of the Belmore Hotel. Mr Bowd told police he had consumed four drinks of Carlton Dry and Corona and one Bundaberg Rum pre-mix over an unknown period of time. Mr Bowd will complete the Traffic Offenders Program and the matter was adjourned for sentencing on December 20.

CASSAR, Stephen Michael, a 40 year old from Merriwa had charges of assault police officer in execution of duty without actual bodily harm, intimidate police officer in execution of duty without actual bodily harm, resist or hinder police officer in the execution of duty, destroy or damage property <=$2000 and possess/attempt to, prescribed restricted substance. A variation was made to bail conditions and the matter was adjourned to Tamworth court on February 14.

CARTER, Jodi, a 48 year old from Merriwa charged with owner of dog which attacks etc person etc. On August 22, 2017 Ms Carter’s male Staffordshire terrier had entered a private property and attacked a wolf hound cross. On March 6, 2018 Ms Carter’s dog attacked two geese on private property causing both animals to die, then showed aggression to their 83 year old owner.  On July 17 police received another complaint of the dog attacking and on July 26 visited Ms Carter to seize the dog. Ms Carter was highly distressed and police returned to their vehicle without seizing the dog. Ms Carter failed to appear before the court. In court an email from Ms Carter was read and included “I am no longer in the state or area so just try and find me ha ha ha.” In her absence the court convicted Ms Carter fined her $550 and ordered her to pay Council’s costs of $1,500.

COTTOM, Matthew Paul, a 46 year old from Merriwa appeared on a charge of damage property by fire/exp >$5000 & <$15000 of a Citroen panel van. Mr Cottom pleaded not guilty and the matter was adjourned until January 24 with bail to continue.

CUNNINGHAM, Michael, 44 year old from North Lambton pleaded not guilty to charges of armed with intent to commit indictable offence and assault occasioning actual bodily harm. The offences are alleged to have occurred in Merriwa on June 23 involving the use of a metal bar in an assault on Peter Duggan. The matter was adjourned until December 21, in Scone. Offences alleged to have occurred on June 23 at approximately 2:45pm in Merriwa.

DOESSEL, Craig Theodore, a 47 year old from Scone was not present in court but entered a written plea of guilty to charges of drive, licence suspended under section 66 fines act and a charge of fail to notify authority of change of residential address. He was convicted and fined $400, disqualified from driving for six months and found guilty with no conviction recorded under section 10A for failing to notify his change of address.

ENGLEBRECHT, Jamie, a 30 year old from Scone appeared in court a pleaded guilty on a charge of drive vehicle, illicit drug present in blood etc- first offence, which occurred on June 5 in Liverpool Street, Scone, when Mr Englebrecht returned a positive reading for methylamphetamine and delta-9-tetrahydrocannabinol. The offence breached an existing bond, but no action was taken on the breach. Mr Englebrecht had already completed the Traffic Offenders Program. He was given a conditional release order for 12 months without conviction.

FAHEY, Laura Edna, a 52 year old from Merriwa was in court and pleaded not guilty to a charge of knowingly drive vehicle in manner menaces other – first offence and pleaded guilty to an offence of use unregistered registrable class A motor vehicle on road. The matters were adjourned until February 22.

FISHBURN, Thomas Edward, a 34 year old from Scone appeared in court on a part heard matter of drive while licence cancelled – first offence. The alleged offence occurred on June 11 at Somerton. The matter was adjourned until January 24.

GRIFFITHS, Robert Philip, a 65 year old from Balgowlah appeared and represented himself for the hearing of a traffic matter: drive/tow vehicle with unsecured load. The incident in January occurred during a traffic stop on an unrelated matter on the Golden Highway in Merriwa on January 18, when the police saw loose items in the tub of his ute. The items where tie down straps, an esky with bungee tie downs, blocks of wood for jacking a car, a piece of aluminium, some hedge clippers and a trolley jack. Magistrate Soars explained the three options available to Mr Griffiths, were guilty/guilty with explanation/not guilty, Mr Griffiths maintained a plea of not guilty on the basis that he did not consider his items were a load and that there was no clear definition of what a load was. He also maintained that there was no way he could secure the items to the bottom of the ute tub and that he considered them to be secure due to the depth of the tub. Mr Griffiths said trying to find information was difficult, however the prosecution produced a national guideline which indicated a secured toolbox or container should be used for loose items. He was found guilty and fined $550 reduced from a possible court imposed fine of $2,200.

HASSALL, Thomas James, a 22 year old from Scone pleaded guilty to a charge of drive middle range prescribed concentration of alcohol – first offence. The offence occurred on December 20, when Mr Hassall returned a reading of 0.106 at Kingdon Street, Scone. Mr Hassall told police he had been consumed eight scotch and cokes in 7 ounce glasses between 6pm until 11:30pm at the Willow Tree Hotel and had a small meal during this time. Mr Hassall had two other passengers in the car at the time of the offence. Mr Hassall will complete the Traffic Offenders Program and the matter was adjourned until December 20.

JOUCLA, Elisa, a 25 year old from Scone appeared in court and pleaded guilty to an offence of drive with middle range prescribed concentration of alcohol – first offence. The offence occurred at approximately 12:25am on September 30 at Liverpool Street, Scone when Ms Joucla returned a reading of 0.096. Ms Joucla told police she had been drinking at the Belmore Hotel and consumed seven Johnny Walker red label scotches between 8:30pm and 11:55pm and consumed no food.

KIRK, Anthony Phillip, a 32 year old from Muswellbrook was in custody on other matters when he appeared in Scone Court to answer two charges of shoplifting. The matters were adjourned to Muswellbrook on December 17. The alleged offence relates to $298 worth of goods including one inflatable euro bed, one pendo computer tablet and a $30 puzzle all the property of Scone Post Office on March 29.

KRAUSE, Kenneth Andrew, a 30 year from Scone appeared unrepresented in court for a bail variation to be able to attend Lithgow court for another matter. The variation was granted.

LASCELLES, Henry James Alexander, a 24 year old from Moobi pleaded guilty to a charge of drive with middle range concentration of alcohol. The offence occurred at approximately 12:20am at Susan Street, Scone when he returned a reading of 0.097. Mr Lascelles will complete the Traffic Offenders Program and the matter was adjourned until December 20.

MACAULY, Casey Jonell, a 36 year old from Singleton appeared in court on charges of handle explosive/precursor without authorising licence and negligently handle explosives to endanger person’s life. The alleged offence occurred at her partner’s family farm where explosives were stored from a family quarry business on February 14 at Singleton. The matter was adjourned until March 21.

MCDOUGALL, Steven, a 34 year old from Scone failed to appear on charges of possess prohibited drug and cultivate prohibited plant <= small quantity. The offences are alleged to have occurred on March 13 at approximately 9:20am in Merriwa when police found 24.4 grams of cannabis, and six cannabis plants of varying size. A warrant has been issued for his arrest.

MCGRATH, Raymond Alfred, a 46 year old from Dubbo was unable to appear in court on a charge of never licenced person drive on road, the matter was adjourned to Dubbo Court on December 5.

MOSS, Sophie Marian Pamela, a 17 year old from Scone appeared unrepresented to appeal a licence suspension period issued by the Roads and Maritime Services relating to a speeding offence of greater than 10km/h, but less than 20km/h. The application was dismissed and the suspension period was set by the court for seven days from November 22.

MURPHY, Jill Margaret, a 52 year old from Murrurundi failed to appear on a charge of stalk/intimidate intend fear physical harm etc which is alleged to have occurred between August 13 and August 31 in Murrurundi. The matter was adjourned until December 20. If Ms Murphy fails to appear the matter will be dealt with in her absence.

MYHILL, Richard William Barry, a 42 year old from Scone pled guilty to a charge of drive with high range prescribed concentration of alcohol – first offence. The offence occurred at approximately 4:25pm, on October 28 at Liverpool Street, Scone when he returned a reading of 0.166. It was the manner of his driving which brought him to police attention. Mr Myhill told police he had consumed five bottles of XXXX beer as it was his birthday. He had his first beer at 1pm and last 10 minutes prior to driving. The matter was adjourned until January 24 in Scone.

OLDHAM, Daniel, a 31 year old from Merriwa appeared in court and pleaded not guilty to charges from Muswellbrook court of common assault, stalk/intimidate intend fear physical harm etc and destroy or damage property, which were a pair of sunglasses. The alleged offences occurred on October 20 in Merriwa. The matters were adjourned until January 25, with bail to continue.

OSMOND, William James, a 28 year old from Scone appeared and pled guilty to a charge of drive with middle range prescribed concentration of alcohol – first offence. The offence occurred on October 27, at Liverpool Street, Scone when he returned a reading of 0.106. Mr Osmond told police he had consumed five mid-strength cans of Great Northern beer at Belltrees after the cricket. He consumed his first beer at 6:30pm and his last at 9:30pm and did not consume any food during that time. Mr Osmond had completed the Traffic Offenders Program and the matter was adjourned until December 20.

PARTRIDGE, Timothy Robert, a 21 year old from Gunnedah failed to appear on charges of not keep firearm safely-not prohibited firearm/pistol, possess unregistered firearm-not prohibited firearm/pistol and possess ammunition without holding licence/permit/authority from an incident in April 11 at Ellerston. a warrant has been issued for his arrest and forfeiture of the firearms and ammunition has been sought.

POWER, Zoe, from Scone had a civil matter with Ashley Louise Whitehead also from Scone; a noise  control order sought by Ms Whitehead. Ms Whitehead undertook to comply with standard personal violence orders with Zoe Power until April 19, 2019 and Ms Power undertook not to play music between 12 midnight and 8am so that it can’t be heard by Ashley Louise Whitehead which also expires on April 19, 2019. These matters are set for hearing on January 24.

PRINGLE, Damon, a 45 year old from Scone has a community correction order for 12 months for failure to complete his community service with supervision.

REDSHAW, Kiana, a 27 year old from Middlebrook appeared in court and pleaded guilty to a charge of destroy or damage property, which was damage to a front door in Mount Street, Scone on September 3. Ms Redshaw was found guilty with no conviction recorded and is on a bond to be of good behaviour for 18 months.

RIDE, Hannah Joan, a 22 year old from Fletcher was not able to attend court on a charge of drive vehicle illicit drug present in blood etc. The alleged offence occurred on June 8 at approximately 3am at Liverpool Street, Scone when she returned a positive reading for methylamphetamine.

SAUNDERS, Clinton John, a 22 year old from Scone was in court and pleaded not guilty to charges including assault occasioning actual bodily harm and two charges of stalk/intimidate intend fear physical harm etc. The alleged offences occurred on September 1. The matter was adjourned to December 20 with bail to continue.

SIEVERS, Natalie Clare, a 32 year old from Scone had a breach of bond for malicious damage and common assault. The alleged damage was to the front door of a property in Scone on October 18. In the police facts Ms Sievers is alleged to have rushed at the victim after the victim pulled up in her driveway and punch her in the face, yelling “you didn’t (sic) pick me up”, referring to a claim that the victim had not picked her up in her car when it was raining. The matter was adjourned until January 24, with the defendant to reengage with Muswellbrook Community Corrections within seven days.

SMITH, Samuel Patrick, a 22 year old from Scone appeal a decision from the Roads and Maritime Services. Mr Smith will attend the Traffic Offenders Program and the matter was adjourned until December 20, 2018.

WALLACE, Benjamin Owen, a 42 year old from Merriwa entered a plea of guilty to a charge of drive with low range concentration of alcohol – first offence. The offence occurred at approximately  5:28pm on October 9 on Blaxland Rd, Merriwa when he returned a reading of 0.073. Mr Wallace told police he had consumed three full strength Hann’s super dry beers in 425ml schooner glasses between 4pm and 4:50pm without eating a meal. No conviction was recorded and he was given a conditional release order for 15 months.

WALSH, Jordan David, a 27 year old from Murrurundi had a charge of use carriage service to menace/harass/offend. The offence occurred at 11:50am on September 8 in Murrurundi. Mr Walsh was convicted and given a 12 month conditional release order.

WALTERS, David McDonald, a 36 year old from Cessnock did not present in court for charges of use unregistered vehicle on road and drive while disqualified and on Kuyuga Road, Muswellbrook on August 12. He was convicted and fined $400 for the first charge and a warrant was issued for his arrest in relation to the second charge.

WALTERS, Mark Joseph, a 33 year old from Parkville appeared in court on charges of handle explosive/precursor without authorising licence and negligently handle explosives to endanger person’s life. Mr Walters was convicted, fined $300 and given a twelve month good behaviour bond for both charges.

WAMSLEY, Mitchell John, an 18 year old from Wingen appeal a decision of the Roads and Maritime Services. The application was dismissed and the suspension varied to seven days commencing on November 23.

WASARME, Najib, a 23 year old from Muswellbrook pleaded not guilty to charges of assault and resist or hinder police. The matter was adjourned until February 22 in Scone.

WINFIELD, Trevor William, a 40 year old from Aberdeen pleaded guilty to charges of take and drive conveyance without consent of owner, drive motor vehicle during disqualification period and negligent driving – no death of grievous bodily harm. The offences occurred on July 31 at approximately 5:25pm on MacQueen Street, Aberdeen when he failed to give way to a Toyota ute travelling south on MacQueen Street and a collision occurred. The matter was adjourned until January 24.

WRIGHT, David John, a 46 year old from Scone appeared for a bail variation to allow him to work. The variation was made.

WYNTER, Martin Alan, a 36 year old from Largs had charges of possess prohibited drug and drive vehicle, illicit drug present in blood. The alleged offences pertain to 1 gram of cannabis and a positive result for cannabis and methylamphetamine on August 8 at approximately 3:10pm in Susan Street, Scone. The matter was adjourned until December 20.